Children's Law Reform Amendment Act, 1995
EXPLANATORY NOTE
The Bill amends the Children's Law Reform Act to emphasize the importance of children's relationships with their parents and grandparents.
Proposed subsection 20 (2.1) requires parents and others with custody of children to refrain from unreasonably placing obstacles to personal relations between the children and their grandparents.
Section 21, which already permits grandparents to make custody and access applications, is amended to mention them specifically.
Subsection 24 (2), a list of matters that a court must consider when determining the best interests of a child, is amended to include a specific reference to the importance of maintaining emotional ties between children and grandparents.
Proposed subsection 24 (2.1) requires a court that is considering custody or access to give effect to the principle that a child should have as much contact with each parent and grandparent as is consistent with the best interests of the child.
Proposed subsection 24 (2.2) requires a court that is considering custody to take into consideration each applicant's willingness to facilitate as much contact between the child and each parent and grandparent as is consistent with the best interests of the child.
Bill 1995
An Act to amend the
Children's Law Reform Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 20 of the Children's Law Reform Act is amended by adding the following subsection:
Relations with grandparents
(2.1) A person who has custody of a child shall not unreasonably place obstacles to personal relations between the child and the child's grandparents.
2. Section 21 of the Act is repealed and the following substituted:
Application for order
21. A parent or grandparent of a child or any other person may apply to a court for an order respecting custody of or access to the child or determining any aspect of the incidents of custody of the child.
3. (1) Subsection 24 (2) of the Act is amended by adding the following clause:
(a.1) the importance of maintaining emotional ties between the child and his or her grandparents.
(2) Section 24 of the Act is amended by adding the following subsections:
Maximum contact
(2.1) In making an order respecting custody of or access to a child, the court shall give effect to the principle that a child should have as much contact with each parent and grandparent as is consistent with the best interests of the child.
Willingness to facilitate contact
(2.2) In making an order respecting custody of a child, the court shall take into consideration the willingness of each applicant for custody to facilitate as much contact between the child and each parent and grandparent as is consistent with the best interests of the child.
Commencement
4. This Act comes into force on the day it receives Royal Assent.
Short title
5. The short title of this Act is the Children's Law Reform Amendment Act, 1995.